HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2003 - SECOND READING OF ORDINANCE NO. 035, 2003, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 9
DATE: March 18, 2003
FORT COLLINS CITY COUNCIL FROM Craig Foreman
Helen Matson
SUBJECT:
Second Reading of Ordinance No. 035, 2003, Authorizing the Grant of a Non-exclusive Utility
Easement to Poudre Valley Rural Electric Association Across City-owned Property at the Western
Boundary of Taft Canyon P.U.D.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
This easement is located on a tract of land along the western boundary of Taft Canyon P.U.D. that
was deeded to the City in 1987 for a trail. The current plan for this area is for the trail to be on the
property adjoining to the west and then possibly cross over this property to cross County Road 38-E,
but the easement will not be on the trail property. City property is located at the westemmost
boundary of Taft Canyon and is outside city limits. Due to growth in the area, existing meters for
Poudre Valley Rural Electric Association("REA")are over-extended. To avoid continual problems,
including brown-outs, REA proposed that an electrical cable in 6"conduit be installed in the utility
easement areas of adjacent properties. To complete this installation, REA requested to cross City
property(underground) in two areas. Ordinance No. 035, 2003, was unanimously adopted on First
Reading on March 4, 2003, granting a non-exclusive easement requested by REA.
The agenda item summary for first reading of Ordinance No. 035, 2003 erroneously stated that the
easement property is outside of the city limits. The property is within the city. However, because
the property does not constitute a "public place" for the purpose of City Code Section 26-411, no
franchise is required for the placement of the proposed electric lines.
ORDINANCE NO. 035, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A NON-EXCLUSIVE
UTILITY EASEMENT TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION ON CITY-OWNED PROPERTY
AT THE WESTERN BOUNDARY OF TAFT CANYON P.U.D.
WHEREAS,the City of Fort Collins is the owner of certain real property, outside of the city
limits, known as Lot 20 and that Portion of Lot 31 along the western boundary of Taft Canyon
P.U.D. Second Replat in Larimer County, Colorado (the "City's Property"); and
WHEREAS,increased growth in the area has overburdened the current electrical meters and
if left as is,citizens would experience problems in their electrical service,including brown outs; and
WHEREAS, Poudre Valley Rural Electric Association, Inc. ("REA") wishes to acquire a
non-exclusive easement over,on,across,and under a portion of the City's Property(as described in
Exhibit "A", attached hereto and incorporated herein by this reference) to construct, operate,
maintain, repair, remove and replace underground utility line to improve electrical service in the
area; and
WHEREAS, REA has agreed to pay to the City the estimated value of the easement, in the
amount of$500, and to pay all restoration costs; and
WHEREAS,City staff has identified no negative impacts to the City to result from the grant
of the requested easement or installation of the REA electric service line; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the
Council first finds by ordinance that any sale or disposition of that real property interest will be for
the benefit of the City's citizens, and will be in the best interests of the City.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the above described conveyance of a non-exclusive utility easement under
and across the Easement Area is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is authorized to execute such documents of conveyance as are
necessary to convey the Easement to REA upon the terms and conditions described above, and
subject to such other terms and conditions as the City Manager determines are in the best interest of
the City.
Introduced, considered favorably on first reading and ordered published this 4th day of
March, A.D. 2003, and to be presented for final passage on the 18th day.of March,.A.D. 20D3.
Mayor -'
TTEST:
City Clerk
Passed and adopted on final reading this 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
AGENDA ITEM SUMMARY ITEM NUMBER:
16
DATE: March 4, 2003
FORT COLLINS CITY COUNCIL Craig Foreman
STAFF: Helen Matson
SUBJECT:
First Reading of Ordinance No. 035, 2003, Authorizing the Grant of a Non-exclusive Utility
Easement to Poudre Valley Rural Electric Association Across City-owned Property at the Western
Boundary of Taft Canyon P.U.D.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on'First Reading.
FINANCIAL IMPACT:
The conveyance of the easement will result in compensation to the City in the amount of$500. REA
will bear all costs associated with the easement for restoration of the area following construction.
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t.
EXECUTIVE SUMMARY:
The proposed easement is located on a tract of land along the western boundary of Taft Canyon
P.U.D. that was deeded to the City_in 1987 for a trail. The current plan for this area is for the trail
to be on the property adjoining to the westand thenIst,'bFunda".
ss 'cross over this property to cross County
Road 38-E. City property is located at they weste of Taft Canyon and is outside city
limits. Due to growth in the area, e�istt tg mpter Poudrel alley Rural Electric Association
("REA")are over-extended. To avoid continual problems,including brown-outs,REA is proposing
that an electrical cable in 6"conduit be installed in the utility easement areas of adjacent properties.
To complete this installation,REA is requesting to cross City property(underground)in two areas.
These pocket easements measure 10' x 15% one located at the southern end of the property and the
other at the northern end of the City's property. The work in this area will not interfere with the
proposed trail crossing on this property. The Parks Department staff has no objections to the
requested easement.
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Location Sketch Legend
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